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In re Jelks

Court of Appeals of Texas, Fourteenth District, Houston
Nov 9, 2006
No. 14-06-00961-CV (Tex. App. Nov. 9, 2006)

Opinion

No. 14-06-00961-CV

Opinion filed November 9, 2006.

Original Proceeding Writ of Habeas Corpus.

Petition for Writ of Habeas Corpus Dismissed.

Panel consists of Justices FOWLER, EDELMAN, and FROST.


MEMORANDUM OPINION


On October 24, 2006, relator, Eugene Jelks, Jr., filed a petition for writ of habeas corpus seeking a reduction of bail and/or a release from jail. See TEX. GOV'T CODE ANN. § 22.221(d) (Vernon Supp. 2000); TEX. R. APP. P. 52. Relator has sought relief in this court for his allegedly excessive bail because he claims that the trial court refuses to rule on applications for writ of habeas corpus that he filed there.

We do not have jurisdiction to consider an original application for a writ of habeas corpus, so we accordingly dismiss relator's petition for lack of jurisdiction. Ex parte Enriquez, 2 S.W.3d 362, 363 (Tex.App.-Waco 1999, no pet.). However, a writ of mandamus can be used to require a trial court to rule within a reasonable time on a properly filed, pending application for a writ of habeas corpus. See In re Shaw, 175 S.W.3d 901, 904-05 (Tex.App.-Texarkana 2005, orig. proceeding).

Relator's petition for writ of habeas corpus is dismissed for lack of jurisdiction.


Summaries of

In re Jelks

Court of Appeals of Texas, Fourteenth District, Houston
Nov 9, 2006
No. 14-06-00961-CV (Tex. App. Nov. 9, 2006)
Case details for

In re Jelks

Case Details

Full title:IN RE EUGENE JELKS, JR., Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Nov 9, 2006

Citations

No. 14-06-00961-CV (Tex. App. Nov. 9, 2006)